Seller has completely done us over How would you play this out?

[WillowB]

This post will completely out me if anyone who knows me us reading but here goes...
We offered on a house about 6 wks ago, 5k below asking price. House is 1930s semi. Dated but looked OK otherwise. Everything was ticking along nicely until we had our survey. It showed possible damp in several places in the lounge. It wouldn't necessarily have put us off but we wanted a second opinion to see if it would be costly to sort. ( we did have an inkling that it might be damp as the vendor was a complete big mouth and was quite proud of the fact he'd replaced completely rotten woodenlounge floor boards with a load of concrete 30yrs ago pretty sure he already knew...)
We contacted the vendors EA to ask if we could send an independent damp surveyor round at our own cost.
At this point the sellers pulled out blaming us saying they were sick of questions & surveys!!! (We hadn't asked a single question, just the standard queries raised by solicitors)
We were gutted as we've spent the best part of 1k on fees, surveys etc.
Then the best part...they've put it back on the market today!!

Am I right in thinking that if we send them the survey then the EA should disclose the significant parts I.e damp to potential buyers?
I would love to a) make it as difficult as possible for them to sell & b) stop some other poor buyer going through the same thing!

[JenLindleyShitMom]

They haven't done you over at all! They can choose who they sell their home to and they decided you were too much hassle for them to not even get their asking price.

I would love to a) make it as difficult as possible for them to sell

Nice. had you considered moving on?

[Blu]

Goodness knows what is under that concrete, but consider your survey money well spent!
A concrete floor put down by a DIY enthusiast to replace rotten floorboards sounds thoroughly dodgy (though I am no expert).

[Palomb]

Although it may feel like it everything isn't all about you. It's their house and they can do what they like with it. Maybe they just didn't want to sell it to you?

[Blu]

And don't do anything to 'play it out'.
This is the sort of thing that makes buying and selling houses officially stressful.

You dodged a bullet, eyes forward, find a new house.

Without having convinced every EA in the neighbourhood that you are a vengeful loon. You need them to see you as reasonable buyer.

[DelphiniumBlue]

Its not the agents who need to do the disclosing, but the seller, either directly or via their solicitors.
Jen's comments are a little uncalled for, 5k under asking price is not unusual, and it does sound as if the seller has something to hide.
You might be able to get reimbursed for the local and any other searches, but not the survey- ask your solicitor if they can sell the searches on.

[JenLindleyShitMom]

Jen's comments are a little uncalled for,

Which ones?

[Poocatcherchampion]

I think you need to calm down too. Revenge is not pretty here.

Its life. Move on

[ThroughThickAndThin01]

No, I'm certain an Estate Agent doesn't have to disclose the results of any previous purchasers surveys. The surveys are yours alone and no one else's business.

[WillowB]

Maybe you wouldn't feel done over jen but I do. We've spent 1k on a sale for them to pull out & put it straight back on the market losing our buyers in the process. I know it's the system but I do feel upset.
I can't see how having a survey on a 100yr old house is seen as unreasonable. They've also had it on the market twice before & not sold so don't think 5k below asking price was bad going either.

Thanks for the advice delphinium, will try & do that.

[viques]

Think of it this way, you may have spent £1000 but you have probably saved yourself over £10,000. Walk away, it is a buyers market at the moment.

[JenLindleyShitMom]

I can't see how having a survey on a 100yr old house is seen as unreasonable. They've also had it on the market twice before & not sold so don't think 5k below asking price was bad going either.

I agree with you. But it's not my house, it's theirs and they get to have their own opinion about what they think is reasonable or not.

[Kidnapped]

And the sellers don't have to disclose anything. All they know is that you wanted to investigate the possibility of damp, not there is definitely damp in the house.

That's what the new buyers will need a survey for.

I'd expect any survey on a 1930s house to say "possibility of damp" in one or more rooms. It is par for the course.

Sorry, OP. It is rubbish for you. But your energies need to go into house-hunting again. There is a house out there for you.

[Thinkingblonde]

Lucky escape methinks. Forget it and look for another house. They sound like they'd be nightmares to deal with.

[WillowB]

So frustrating as hardly anything in the area comes up. Don't think I have the energy for it at the moment Think we'll leave things till spring & then put the house back on the market.

[PurpleDaisies]

I think unfortunately buying houses is like this. Until you've exchanged contracts anyone can change their minds and anything can go wrong, regardless of what you've spent. It's shit, but at least you know now and can start looking for something else. If you find something without damp you may well save yourself your £1k on work you don't need to do.

[PurpleDaisies]

Have you considered renting so you could keep your buyers?

[RoseValleyRambles]

They were obviously worried you'd find the body...

[DrE678]

If the Estate Agent is aware of a specific, significant problem they do have to disclose it to future purchasers. The law changed a couple of years ago now. So yes, in theory telling them would put the sellers in a more difficult position. However, your contract with your surveyor will probably have a clause in it restricting how the findings can be used.

[WillowB]

They pulled out the minute they heard we'd lost our house Daisy. They've given notice on their rental & need to be out by beginning of Dec so they have offered on a new build in a bid to speed things up.
We've contacted them today to offer to go into rental. Should hear back tomorrow. Don't relish the thought with two little ones but at least next time we won't have to worry about selling

[DrE678]

www.telegraph.co.uk/finance/property/house-prices/10864514/Failed-property-survey-Now-sellers-must-disclose-all.html

[WillowB]

Thanks Dr, my brother viewed a house a while back & was told by the EA that a previous survey had shown it needed a new roof, that's what made me wonder.

[namechangedtoday15]

On what basis did they accept your offer? Was it without any caveat (i. e. Did you make it subject to survey?). They might have thought you'd already got £5k off and you were having another damp survey as a way of haggling another reduction. Perhaps they thought you weren't committed to the sale at the agreed price and didn't want to get down the line with their onward purchase for you to start chipping away at the price?

They're entitled to put it back on the market but can understand it's frustrating.

[PurpleDaisies]

On what basis did they accept your offer? Was it without any caveat (i. e. Did you make it subject to survey?).

All offers are subject to satisfactory survey and searches aren't they? I don't understand what you're getting at here.

[IsMyUserNameRubbish]

We sold ours in two weeks and even that pissed me off with the long stream of buyers. So I can sympathise with the vendor as you've probably come across as one of those buyers that pick over every little detail. Our buyer had a full survey in which we found damp in the front room (we didn't know) he's still going through with the sale though because he really wants and we knocked a few grand off the asking price which he was happy with, so he's carrying on with the purchase, so maybe the vendor thought you was messing him around and had had enough, I think we'd have done the same if we thought someone was messjng us about.

[Bogeyface]

Sounds like this has happened before and they are pulling out each time in the hope that eventually they will find a greenhorn that will just buy it without proper surveys.

It would also explain why they are pulling out, rather than waiting for you to do so because if you pull out citing serious damp issues then they are legally obliged to inform any future potential buyers, but if they pull out before they are informed of any major problems then they could dodge that.